BILL NUMBER: SB 391 CHAPTERED
BILL TEXT
CHAPTER 913
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE SENATE AUGUST 28, 2004
PASSED THE ASSEMBLY AUGUST 28, 2004
AMENDED IN ASSEMBLY AUGUST 26, 2004
AMENDED IN ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN ASSEMBLY JULY 23, 2004
AMENDED IN ASSEMBLY JUNE 29, 2004
AMENDED IN ASSEMBLY MAY 24, 2004
AMENDED IN SENATE JANUARY 5, 2004
INTRODUCED BY Senators Florez and Escutia
FEBRUARY 20, 2003
An act to add Sections 12996.5, 12997.5, and 12997.7 to the Food
and Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 391, Florez. Pesticide drift exposure.
Under existing law, the Department of Pesticide Regulation is
charged with enforcing pesticide laws and regulations, violation of
which is subject to criminal and civil sanctions and penalties.
Existing law establishes the Department of Pesticide Regulation Fund.
Existing law establishes reporting requirements relating to
pesticide poisoning, and requires the Office of Environmental Health
Hazard Assessment to develop and implement a program to alert
physicians and others regarding symptoms, diagnosis, and treatment.
This bill would, in addition to other penalties, make any person
found to have violated provisions relating to pesticides, liable for
certain costs related to a resulting illness or injury. The bill
would provide that the exposure of each person to pesticide shall
constitute a separate violation of related provisions, thereby
imposing a state-mandated local program by changing the disposition
of a crime.
This bill would require the California Environmental Protection
Agency to establish minimum standard protocols for the purposes of
amending area plans and would require the certified uniform program
agency to amend the area plan for emergency response accordingly. By
requiring local agencies to comply with these requirements, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12996.5 is added to the Food and Agricultural
Code, to read:
12996.5. (a) For the purposes of this chapter:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Department" means the Department of Pesticide Regulation.
(3) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the Secretary for Environmental Protection to implement
the unified program specified in Chapter 6.11 (commencing with
Section 25404) of Division 20 of the Health and Safety Code within a
jurisdiction.
(4) "Agency" means the California Environmental Protection Agency.
(5) "Nonoccupational" means that the person exposed to the
pesticide was not at the time of the exposure performing work as an
employee.
(6) "Acute" means a medical condition that involves a sudden onset
of symptoms due to an illness, injury, or other medical problem that
requires prompt medical attention and that has a limited duration.
(7) "Uncompensated medical care" means the cost of care not
covered by any other program, including, but not limited to
copayments for medical insurance, Healthy Families Program, or
Medi-Cal. Reimbursed medical costs shall not exceed 125 percent of
the Medi-Cal reimbursement rates.
(b) The exposure of each person to a pesticide resulting from the
violation of Section 12972 or 12973, or any regulation adopted
pursuant to Section 12976, 12981, or 14005, that causes acute
illnesses or injury, shall constitute a separate violation of the
statute or regulation.
SEC. 2. Section 12997.5 is added to the Food and Agricultural
Code, to read:
12997.5. (a) In addition to any penalties paid in connection with
an enforcement action taken pursuant to Sections 12996, 12997,
12999, and 12999.5, any person who is found in violation of any
provision of this division related to pesticides or any regulation
related to pesticides adopted pursuant to this division that results
in illness or injury requiring emergency medical transport or
immediate medical treatment of any individual in a nonoccupational
setting from any pesticide used in the production of an agricultural
commodity, shall be liable to the individual harmed or to the medical
provider for the immediate costs of uncompensated medical care from
acute injuries and illnesses of the exposed individual.
(b) Any order issued in connection with a finding of a violation
as described in subdivision (a) shall include the obligation to
reimburse medical costs from acute illnesses and injuries of any
individual requiring immediate medical treatment as a consequence of
this violation to the injured individuals or their medical providers.
(c) Any person found in violation of this section shall submit to
the director within 30 days of the final determination of liability,
a written plan on how they will pay individuals and medical providers
for the emergency medical transport and the immediate medical costs
from acute medical injuries and illnesses of all individuals
requiring immediate medical treatment as a consequence of the
violation. A person alleged to have violated subdivision (a) may
voluntarily submit a written plan pursuant to this section prior to
the determination of liability. The contents of the voluntary plan
shall not be held against the person in any action to determine
whether the person violated those provisions.
(d) Any violation of this section shall be subject to the criminal
and civil sanctions and penalties set forth in this division.
(e) Payment of emergency medical costs pursuant to this section
shall not preclude an affected person from filing a civil action for
injuries, illnesses, or costs related to the incident. Any damage
award associated with a civil action related to the incident shall be
reduced by the amount the plaintiff received from this section.
(f) Payment of emergency medical costs pursuant to this section
shall not be held against the person in any action to determine
whether the person violated those provisions.
(g) For any person who provides for the immediate reimbursement of
medical costs for acute medical illnesses and injuries prior to a
final determination by the department, the director or agricultural
commissioner may reduce, by not more than 50 percent, the fines
imposed pursuant to Section 12996.5. This reduction shall not limit
the responsible party's financial obligation under this section. The
department or agricultural commissioner shall attempt to complete
the determination within 45 days of the incident.
SEC. 3. Section 12997.7 is added to the Food and Agricultural
Code, to read:
12997.7. (a) The agency, in consultation with the department, the
office, county agricultural commissioners, local health officers,
CUPAs, and affected community members, shall by August 31, 2005,
establish minimum standard protocols for the purposes of amending
area plans.
(b) The protocols shall include, but not be limited to, all of the
following:
(1) Protocols for requesting and providing immediate access to
pesticide-specific information necessary to assist emergency medical
services personnel in identifying pesticides that may be causing a
pesticide drift exposure incident and appropriate treatments.
(2) Protocols to delineate specific agency responsibilities and
the process for responding to calls, notifying residents, and
coordinating evacuation, if needed.
(3) Protocols to establish emergency shelter procedures and
locations to be used in the event evacuation is needed.
(4) Protocols to access services in all languages known to be
spoken in the affected area in accordance with Section 11135 of the
Government Code.
(5) Protocols to ensure access to health care within 24 hours of
the exposure and up to a week after the exposure.
(6) Protocols to notify medical providers regarding eligibility
for reimbursement pursuant to Section 12997.5.
(c) The CUPA or administering agency shall amend the area plan for
emergency response, pursuant to subdivision (c) of Section 25503, to
specifically address pesticide drift exposure and to incorporate
provisions of the protocols of subdivision (b).
(d) Upon the next scheduled update of the area plan, all CUPAs
shall have incorporated a pesticide drift component into their area
plan.
(e) The minimum standard protocols developed under subdivision (a)
shall be in accordance with the California Environmental Protection
Agency's guidelines.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.